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Barton v. Astrue

United States District Court, N.D. New York
Dec 16, 2009
No. 3:08-CV-0810 (FJS/VEB) (N.D.N.Y. Dec. 16, 2009)

Summary

concluding it was "error to grant the disability analyst's opinion `some weight,' as if it were a medical opinion"

Summary of this case from Hilsdorf v. Commissioner of Social Security

Opinion

No. 3:08-CV-0810 (FJS/VEB).

December 16, 2009

For the Plaintiff, Lars P. Mead, Esq., Coughlin, Gerhart Law Firm, Binghamton, NY.

For the Defendant, Jennifer S. McMahon, Esq., Michael J. Astrue, Commissioner of of Social Security, Office of Regional General Counsel — Region II, New York, New York.


DECISION AND ORDER


Currently before the Court is Magistrate Judge Victor E. Bianchini's November 23, 2009 Report and Recommendation to which the parties have filed no objections. Having reviewed that Report and Recommendation and the entire file in this matter, the Court hereby

ORDERS that the Report and Recommendation of Magistrate Judge Victor E. Bianchini filed November 23, 2009 is ACCEPTED in its entirety, for the reasons stated therein, and the Court

ORDERS that the Commissioner's decision denying disability benefits is REMANDED for further proceedings consistent with the Report and Recommendation.

IT IS SO ORDERED.


Summaries of

Barton v. Astrue

United States District Court, N.D. New York
Dec 16, 2009
No. 3:08-CV-0810 (FJS/VEB) (N.D.N.Y. Dec. 16, 2009)

concluding it was "error to grant the disability analyst's opinion `some weight,' as if it were a medical opinion"

Summary of this case from Hilsdorf v. Commissioner of Social Security

reversing ALJ decision that claimant could not meet Listing 12.05C because of past work activity

Summary of this case from Brown v. Colvin

In Barton, a court in this District found that an ALJ did not have substantial evidence to support the determination that the claimant lacked significant deficits in adaptive functioning.

Summary of this case from Finley v. Saul

remanding where the ALJ assessed only a few areas of adaptive functioning

Summary of this case from Rembert v. Colvin
Case details for

Barton v. Astrue

Case Details

Full title:DAVID P. BARTON, JR., Plaintiff, v. MICHAEL J. ASTRUE COMMISSIONER OF…

Court:United States District Court, N.D. New York

Date published: Dec 16, 2009

Citations

No. 3:08-CV-0810 (FJS/VEB) (N.D.N.Y. Dec. 16, 2009)

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